Issue relating to whether Family Court has jurisdiction to try application filed by a divorced Muslim woman for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and whether Family Court can convert the petition for maintenance under S. 125 CrPC to one under S. 3 or S. 4 of the 1986 Act and decide the same, pending adjudication before a larger Bench herein
[Rana Nahid v. Sahidul Haq Chisti, (2025) 2 SCC 113]
case comment
Held, There are cases pending inter se the parties before the High Court and one would have thought that litigation fatigue ought to have set in by now for both the parties to take a reasonable stand to put a quietus to the whole dispute. We, thus, gave an opportunity to the learned counsel for the respondent to have consultation with respondent whether a quietus could be put to the whole dispute. The response of the learned counsel for the respondent however is based on what is already stated in the written synopsis towards the end i.e. a quietus can be put against the amount awarded by Family Court of Rs.3,00,000/-, Rs.1,00,000/- having been paid, the balance amount of Rs.2,00,000/- is further enhanced by Rs.3,00,000/- to come to Rs.5,00,000/-. However, we feel that amount is too low for a settlement and if the respondent was serious in this endeavour, the amount has to be substantively more so that the returns from the same can meet the requirements of appellant No.1. We are told that appellant No.2 has now completed his engineering. We can still hope that at some stage better sense prevail over the parties and they can agree over an acceptable amount.
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